Case: Washington Election Integrity Coalition v. Bradrick

2:21-cv-01386 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 12, 2021

Closed Date: Sept. 30, 2022

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Case Summary

This is a case alleging ballot misconduct in Whatcom County, Washington.  On September 13, 2021, a voting integrity nonprofit and several individual voters filed suit against Whatcom County and the Whatcom County Auditor under various state and federal causes of action, including the Freedom of Information Act and the Help America Vote Act, related to alleged misconduct in handling of ballots during the November 2020 general election. Plaintiffs claimed to have observed an election official man…

This is a case alleging ballot misconduct in Whatcom County, Washington. 

On September 13, 2021, a voting integrity nonprofit and several individual voters filed suit against Whatcom County and the Whatcom County Auditor under various state and federal causes of action, including the Freedom of Information Act and the Help America Vote Act, related to alleged misconduct in handling of ballots during the November 2020 general election. Plaintiffs claimed to have observed an election official manually "fixing" paper ballots, ballots improperly handled without protective envelopes, and that that defendant used an uncertified voting system among other alleged irregularities. Plaintiffs sought declaratory relief and injunctive relief to secure the integrity of the ballot. The case was originally filed in the Superior Court of Washington but removed to the Western District of Washington on October 21, 2021. 

On September 30, 2022, the Western District of Washington dismissed the case sua sponte for lack of subject matter jurisdiction. Specifically, the court noted that plaintiffs failed to establish standing, as the plaintiffs did not allege that they suffered any “concrete, particularized, and actual or imminent” injury by the Auditor's actions. In addition, the court lacked supplemental jurisdiction over plaintiffs' state law claims. The court refused to remand back to state court because it determined that “a remand to state court would be futile.”

The case is now closed. 

Summary Authors

Garrett Peery (5/27/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60638002/parties/washington-election-integrity-coalition-united-v-bradrick/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Buckingham, Royce (Washington)

Castillo, Callie A (Washington)

Expert/Monitor/Master/Other

Almon-Griffin, Reina A (Washington)

Arora, Nitika (Washington)

Beane, Amanda J (Washington)

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Documents in the Clearinghouse

Document
1

2:21-cv-01386

Notice of Removal and Complaint

Washington Election Int v. Bradrick

Oct. 12, 2021

Oct. 12, 2021

Complaint
6

2:21-cv-01386

Answer to Complaint

Washington Election Int v. Bradrick

Oct. 15, 2021

Oct. 15, 2021

Pleading / Motion / Brief
14-2

2:21-cv-01386

Proposed Order Granting the Washington State Demo. Central Committee's Motion to Intervene

Washington Election Int v. Bradrick

Oct. 27, 2021

Oct. 27, 2021

Pleading / Motion / Brief
14-1

2:21-cv-01386

Washington State Democratic Central Committee's [Proposed] Answer

Washington Election Int v. Bradrick

Oct. 27, 2021

Oct. 27, 2021

Pleading / Motion / Brief
16-1

2:21-cv-01386

Joinder in Opposition to Motion to Intervene

Washington Election Int v. Bradrick

Nov. 5, 2021

Nov. 5, 2021

Pleading / Motion / Brief
17

2:21-cv-01386

Proposed Intervenor Defendant's Reply in Support of Motion to Intervene

Washington Election Int v. Bradrick

Nov. 9, 2021

Nov. 9, 2021

Pleading / Motion / Brief
19

2:21-cv-01386

Reply in Support of Motion to Remand

Washington Election Int v. Bradrick

Nov. 19, 2021

Nov. 19, 2021

Pleading / Motion / Brief
24

2:21-cv-01386

Order Denying Motion to Remand, Denying Motion to Intervene, and Dismissing the Case Sua Sponte for Lack of Subject Matter Jurisdiction

Washington Election Int v. Bradrick

Sept. 30, 2022

Sept. 30, 2022

Order/Opinion

2022 WL 4598504

25

2:21-cv-01386

Judgment in a Civil Case

Washington Election Int v. Bradrick

Oct. 3, 2022

Oct. 3, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60638002/washington-election-integrity-coalition-united-v-bradrick/

Last updated Jan. 30, 2025, 4:51 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from Whatcom County Superior Court, case number 21-2-00949-37; (Receipt # AWAWDC-7287705), filed by Whatcom County. (Attachments: # 1 Civil Cover Sheet, # 2 Complaint Operative state court complaint-separate, # 3 Affidavit of service to -Whatcom County Superior Court and Plaintiffs)(Buckingham, Royce) (Additional attachment(s) added on 10/25/2021: # 4 Whatcom County Notice of Appearance) (SR). (Entered: 10/12/2021)

1 Civil Cover Sheet

View on RECAP

2 Complaint Operative state court complaint-separate

View on RECAP

3 Affidavit of service to -Whatcom County Superior Court and Plaintiffs

View on RECAP

4 Whatcom County Notice of Appearance

View on RECAP

Oct. 12, 2021

Oct. 12, 2021

Clearinghouse

Judge Theresa L Fricke added. (RE)

Oct. 14, 2021

Oct. 14, 2021

PACER
2

Notice of Filing Deficiency ***Action Required*** Notice of Removal - Jury Demand Improperly Submitted, Notice of Related Cases Omitted.See attached letter for more information and instructions. Notice of Related Case must be filed by 10/19/2021. (RE) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER

NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) Washington Election Integrity Coalition United must file a Corporate Disclosure Statement by 10/21/2021. (cc via USPS) (RE)

Oct. 14, 2021

Oct. 14, 2021

PACER
3

LETTER from Clerk to re receipt of case from Whatcom County Superior Court and advising of WAWD case number and judge assignment.JURY DEMAND - NOT submitted properly or NOT on file (Please refer to LCR 101(b)(3) to file a proper jury demand) (cc all plaintiffs via USPS) (RE) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
4

NOTICE of Related Case(s) 3:21-cv-05726; 2:21-cv-1354; 3:21-cv-05746-RAJ; 2:21-cv-01394-JCC, by Defendant Whatcom County. (Buckingham, Royce) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
5

Notice of Filing Deficiency ***Action Required***Regarding Plaintiff Washington Election Integrity Coalition United's pro se status.See attached letter for more information and instructions. (KB) cc Washington Election Integrity Coalition United via USPS (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER

Add and Terminate Judges

Oct. 14, 2021

Oct. 14, 2021

PACER

Corporate Disclosure Statement - Notice of Deadlines

Oct. 14, 2021

Oct. 14, 2021

PACER
6

ANSWER to Complaint; by Whatcom County.(Buckingham, Royce) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

Clearinghouse
7

NOTICE of Appearance by attorney Virginia Pearson Shogren on behalf of Plaintiff Washington Election Integrity Coalition United. (Shogren, Virginia) (Entered: 10/17/2021)

Oct. 17, 2021

Oct. 17, 2021

PACER

Case reassigned to Judge Richard A. Jones as related to 2:21-cv-01354-RAJ. Judge Theresa L. Fricke no longer assigned to the case. (cc: Pro se Plaintiffs via USPS) (VE)

Oct. 18, 2021

Oct. 18, 2021

PACER
8

STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (cc: Pro Se Plaintiffs via USPS) (VE) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER

Case Assigned/Reassigned to Judge

Oct. 18, 2021

Oct. 18, 2021

PACER
9

ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 11/3/2021, Initial Disclosure Deadline is 11/10/2021, Joint Status Report due by 11/17/2021, by Judge Richard A. Jones. (cc: Pro Se Plaintiffs via USPS) (VE) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
10

VERIFICATION OF STATE COURT RECORDS by Defendant Whatcom County (Buckingham, Royce) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
11

MOTION to Remand, filed by Plaintiff Washington Election Integrity Coalition United. (Attachments: # 1 Declaration, # 2 Proposed Order) Noting Date 11/19/2021, (Shogren, Virginia) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
12

NOTICE of Appearance by attorney Kevin J Hamilton on behalf of Intervenor Washington State Democratic Party. (Hamilton, Kevin) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER
13

NOTICE of Appearance by attorney Callie A Castillo on behalf of Defendants Diana Bradrick, Whatcom County. (Castillo, Callie) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER

Attorneys Amanda J Beane, Reina A Almon-Griffin, Nitika Arora added for Washington State Democratic Party; per 12 Notice of Appearance. (SR)

Oct. 26, 2021

Oct. 26, 2021

PACER

Add and Terminate Attorneys

Oct. 26, 2021

Oct. 26, 2021

PACER

***Deadlines terminated. The Court acknowledges the requirements of FRCP 16(b), but finds good cause to VACATE the deadlines contained in the 9 ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT pending the Court's ruling on 11 MOTION to Remand, filed by Plaintiff Washington Election Integrity Coalition United. (cc: Pro Se Plaintiffs via USPS) (VE)

Oct. 27, 2021

Oct. 27, 2021

PACER
14

MOTION to Intervene Attorney Kevin J Hamilton added to party Washington State Democratic Central Committee(pty:intv), filed by Intervenor Washington State Democratic Central Committee. Oral Argument Requested. (Attachments: # 1 Exhibit A-D, # 2 Proposed Order) Noting Date 11/12/2021, (Hamilton, Kevin) (Entered: 10/27/2021)

1 Exhibit A-D

View on Clearinghouse

2 Proposed Order

View on Clearinghouse

Oct. 27, 2021

Oct. 27, 2021

PACER
15

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Washington State Democratic Central Committee (Hamilton, Kevin) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER

Terminate Deadlines/Hearings

Oct. 27, 2021

Oct. 27, 2021

PACER
16

RESPONSE, by Plaintiff Washington Election Integrity Coalition United, to 14 MOTION to Intervene Attorney Kevin J Hamilton added to party Washington State Democratic Central Committee(pty:intv). (Attachments: # 1 Joinder)(Shogren, Virginia) (Entered: 11/05/2021)

1 Joinder

View on Clearinghouse

Nov. 5, 2021

Nov. 5, 2021

PACER
17

REPLY, filed by Intervenor Washington State Democratic Central Committee, TO RESPONSE to 14 MOTION to Intervene Attorney Kevin J Hamilton added to party Washington State Democratic Central Committee(pty:intv) (Hamilton, Kevin) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

Clearinghouse
18

RESPONSE, by Defendants Diana Bradrick, Whatcom County, to 11 MOTION to Remand . (Attachments: # 1 Proposed Order)(Castillo, Callie) (Entered: 11/15/2021)

1 Proposed Order

View on PACER

Nov. 15, 2021

Nov. 15, 2021

PACER
19

REPLY, filed by Plaintiff Washington Election Integrity Coalition United, TO RESPONSE to 11 MOTION to Remand (Shogren, Virginia) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

Clearinghouse

MINUTE ORDER (text only) authorized by Judge Richard A. Jones. Case reassigned to Judge Lauren King. Judge Richard A. Jones no longer assigned to the case. (cc: Pro Se Plaintiffs via USPS) (VE)

Dec. 20, 2021

Dec. 20, 2021

PACER

Case Assigned/Reassigned to Judge

Dec. 20, 2021

Dec. 20, 2021

PACER
20

ORDER REGARDING 28 U.S.C. § 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (cc: Pro Se Plaintiffs via USPS) (NAW) (Entered: 12/30/2021)

Dec. 30, 2021

Dec. 30, 2021

PACER
21

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Nitika Arora for Intervenor Parties Washington State Democratic Central Committee, Washington State Democratic Party. (Arora, Nitika) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
22

NOTICE of Supplemental Authority re 14 MOTION to Intervene Attorney Kevin J Hamilton added to party Washington State Democratic Central Committee(pty:intv) by Intervenor Washington State Democratic Central Committee (Almon-Griffin, Reina) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
23

NOTICE of Supplemental Authority re 14 MOTION to Intervene Attorney Kevin J Hamilton added to party Washington State Democratic Central Committee(pty:intv) by Intervenor Washington State Democratic Central Committee (Attachments: # 1 Exhibit A-D)(Almon-Griffin, Reina) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
24

ORDER: The Court DENIES WEICU's motion to remand, Dkt. No. 11 , and sua sponte DISMISSES Plaintiffs' claims without prejudice. The Washington State Democratic Central Committee's Motion to Intervene, Dkt. No. 14 , is DENIED as moot. Signed by Judge Lauren King. (LH) Modified on 9/30/2022 to indicate mail-out to pro se plaintiffs (LH).

Sept. 30, 2022

Sept. 30, 2022

Clearinghouse
25

JUDGMENT BY COURT: THE COURT HAS ORDERED THAT for the reasons set forth in the Court's September 30, 2022 Order, judgment is entered in favor of Defendants and against Plaintiffs, and Plaintiffs' claims are dismissed without prejudice. (LH) (cc: Pro se plaintiffs via US mail) (Entered: 10/03/2022)

Oct. 3, 2022

Oct. 3, 2022

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 12, 2021

Closing Date: Sept. 30, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A nonprofit organization with a stated concern for election integrity.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Whatcom County, Washington (Bellingham, Whatcom), County

Case Details

Causes of Action:

Help America Vote Act (HAVA), 52 U.S.C. § 20901 et seq (previously 42 U.S.C. § 15301 et seq)

State law

FOIA (Freedom of Information Act), 5 U.S.C. § 552

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Document/information produced

Declaratory Judgment

Source of Relief:

Litigation

Issues

Voting:

Election administration

Vote dilution